When a tenant dies in France: what happens to the lease
When a French tenant dies, the lease passes to the spouse, PACS partner or relatives who lived with them for a year. Otherwise it ends by law. Who, how, and what next.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read
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The lease does not necessarily end. Article 14 of the law of 6 July 1989 passes it to the surviving spouse, the PACS partner (French civil partnership), or the descendants, ascendants, notorious cohabitee or dependants who had lived with the tenant for at least a year at the date of death. If nobody qualifies, the lease ends by operation of law on the death.
Who can take over
| Beneficiary | Living-together condition |
|---|---|
| Surviving spouse | No length required by article 14 |
| PACS partner | No length required by article 14 |
| Descendants | Lived with the tenant for at least a year |
| Ascendants | Lived with the tenant for at least a year |
| Notorious cohabitee | Lived with the tenant for at least a year |
| Dependants | Lived with the tenant for at least a year |
With several claims, the judge decides. The same rules apply when the tenant abandons the home.
ANIL, the national housing information agency, reports a Cour de cassation ruling of 28 September 2022 (no. 21-11.533): the lease passes by operation of law, on the date of death, to a qualifying descendant, who need not go to court.
What the landlord does
- Identify the occupants and their link to the deceased, with evidence: family record book, PACS, proof of living together for a year (bills, tax notices at the address).
- If someone qualifies, acknowledge the transfer in writing and put the lease, receipts and insurance certificate in their name. Rent stays due on the usual date.
- If nobody does, the lease ends on the date of death. Contact the heirs or the notary handling the estate to arrange the move-out inventory and the keys.
Do not clear the home yourself
As we read it, the tenant's furniture and belongings form part of the estate. Removing them without the heirs' agreement exposes you. Go through them or the notary, and get advice before acting if it stalls.
Example
A tenant dies on 4 March 2027. His daughter has lived with him for two years; his son lives in another city. The lease passes to the daughter on 4 March 2027; the son has no right to it. The landlord issues March's receipt in her name from 4 March and asks for her insurance certificate. If she does not want to stay, she gives notice like any tenant (see the notice period guide). Had she not lived there either, the lease would have ended on 4 March, and the landlord would deal with the estate for the inventory, the keys and the security deposit.
Common mistakes
- Refusing the transfer to a qualifying relative: it is automatic.
- Demanding a new lease or a new rent: the beneficiary takes over the current lease.
- Clearing the home before reaching the heirs.
- Forgetting the insurance: ask for a certificate in the new tenant's name. (see no home insurance certificate from the tenant?).
Have your own case checked
This guide follows article 14 of the 1989 law, written for unfurnished lets. For a furnished let, social housing or a complex estate, talk to the local ADIL, which gives free housing advice, or to the notary handling the estate.
Sources
- Article 14 of law no. 89-462 of 6 July 1989, death and abandonment (Légifrance, in French)
- Death of the tenant: automatic lease transfer, ANIL (in French)
- Social housing: lease transfer on the tenant's death, Service-Public (in French)
Last checked on 9 November 2026
Frequently asked questions
Does the lease end when the tenant dies?
Only if nobody can take it over. Otherwise it continues for the surviving spouse, the PACS partner, or descendants, ascendants, a notorious cohabitee or dependants who had lived with the tenant for at least a year.
Is the transfer automatic?
Yes. The Cour de cassation held in 2022 that the lease passes by operation of law, on the date of death, to a qualifying descendant, with no need to go to court.
What if several relatives claim the lease?
The judge decides, weighing the interests involved.
Can the landlord clear the home?
Not as we read it. The tenant's belongings form part of the estate. Contact the heirs or the notary handling the estate to arrange the return of the keys.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read